Fireworks: Difference between revisions

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We had a query in June 2021 about whether fireworks could be offered on Freegle. After some discussion, it has been decided that they shouldn't.
In June 2021 we had a query about whether fireworks could be offered on Freegle. After discussion, the decision was that they shouldn't be.


Matty (Rossendale) did some research and this is the result:
Matty (Rossendale) researched the law and found:


The Fireworks Regulations 2004 don't use the word "sold" or "placed on the market", as many other acts do - instead they use "supply", which isn't defined within the regulations themselves. The definition has to come from elsewhere, and the VAT Act 1994 defines "supply" as "transfer of both title to the goods and possession of, or control over, the goods" - which includes giving something away, since the recipient takes possession and control.


Note - this is not “sold” or “placed on the market” like many acts define.
Under regulation 9(1) of the Fireworks Regulations 2004, no person may supply or expose for supply any adult firework, except in accordance with a licence granted under the regulations. So without a licence, fireworks can only be given away during set exemption periods:


The Fireworks Regulations 2004 states that blah blah may not “supply” which is not defined in those regulations so you have to seek a further legal definition of “Supply” which is in fact defined within the “VAT Act 1994” that supply is “transfer of both title to the goods and possession of, or control over, the goods” of which even giving away is included as the recipient takes possession and controls them.
* the first day of Chinese New Year and the three days before it
* the day of Diwali and the three days before it
* 15 October to 10 November
* 26 to 31 December


So back to the firework regulations.
There's separate provision for supply for professional displays, which doesn't apply here since no professional would use fireworks given away this way.


Untrained interpretations within [].
This is a legal minefield, but it's clear enough that Freegle should treat fireworks as not allowed: we'd have no control over the type being passed on (some fireworks sold elsewhere are legally banned in the UK), or who receives them (there are often under-18 restrictions), and even though many communities use fireworks at events like weddings, we don't want Freegle involved in supplying anything that could be misused.
9.—(1) Subject to paragraph (2) below, no person shall supply or expose for supply any adult firework, save in accordance with a licence granted under this regulation.


[*So they can only be given away by people with a license except for:]
Our recommendation is not to allow fireworks to be given away. Instead, suggest a bucket of water to render them useless, then dispose of them as landfill once they're safe.
 
(2) Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks—
[Paragraph 1 exceptions:]
 
(a)on the first day of the Chinese New Year and the three days immediately preceding it;
 
(b)on the day of Diwali [November] and the three days immediately preceding it;
 
(c)during the period beginning on the 15th October and ending on the 10th November; or
 
(d)during the period beginning on the 26th December and ending on the 31st December.
 
[So this to me reads that unless you have a license you can only give them away during the above times?]
There is lots of other stuff about supply for professional displays etc. which would be outside the scope of this as no pro would use the fireworks given away like this.
 
Which yes, this looks like a legal minefield (I could ask a barrister but that’s gonna take ages) however it looks like Freegle ought to add them to the banned list as we would have no control over the type (there are legally banned fireworks that make their way here)
nor who they are given to (under 18 prohibitions are often mentioned) and although many communities use them at weddings etc. we do not want Freegle to be involved in their supply if used for terrorism by some nutjob who wants to blow someone up.
 
I would suggest that we do not allow their giving away and recommend instead a bucket of water to be used to render them useless and unfortunately dispose of them so they go to landfill, once made safe.
 
 
Thanks to Matty for checking this out for everyone.


Thanks to Matty for researching this.


Links:
Links:
*[[Specific Items]]
* [[Specific Items]]
*[[Worry Words]]
* [[Worry Words]]


[[category:Specific Items]]
[[Category:Handling Specific Items]]

Latest revision as of 12:00, 17 July 2026

In June 2021 we had a query about whether fireworks could be offered on Freegle. After discussion, the decision was that they shouldn't be.

Matty (Rossendale) researched the law and found:

The Fireworks Regulations 2004 don't use the word "sold" or "placed on the market", as many other acts do - instead they use "supply", which isn't defined within the regulations themselves. The definition has to come from elsewhere, and the VAT Act 1994 defines "supply" as "transfer of both title to the goods and possession of, or control over, the goods" - which includes giving something away, since the recipient takes possession and control.

Under regulation 9(1) of the Fireworks Regulations 2004, no person may supply or expose for supply any adult firework, except in accordance with a licence granted under the regulations. So without a licence, fireworks can only be given away during set exemption periods:

  • the first day of Chinese New Year and the three days before it
  • the day of Diwali and the three days before it
  • 15 October to 10 November
  • 26 to 31 December

There's separate provision for supply for professional displays, which doesn't apply here since no professional would use fireworks given away this way.

This is a legal minefield, but it's clear enough that Freegle should treat fireworks as not allowed: we'd have no control over the type being passed on (some fireworks sold elsewhere are legally banned in the UK), or who receives them (there are often under-18 restrictions), and even though many communities use fireworks at events like weddings, we don't want Freegle involved in supplying anything that could be misused.

Our recommendation is not to allow fireworks to be given away. Instead, suggest a bucket of water to render them useless, then dispose of them as landfill once they're safe.

Thanks to Matty for researching this.

Links:

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